Section 31-235-6a - Employer's appeal of charges resulting from its nonparticipation in the fact-finding process or in response to a request for information by the Administrator(a)Definitions: For the purposes of this section, the following definitions shall apply:
(1) "Chronic" means a persistent or recurring condition that current medical science can alleviate but not cure;(2) "Licensed physician" means a doctor of medicine or osteopathy possessing a license under Chapter 370 of the Connecticut General Statutes to practice medicine and surgery in this State;(3) "Long-term" means a condition that has persisted or is likely to persist for at least twelve months;(4) "Mental impairment" means a clinically recognized condition or illness that affects a person's thought processes, judgment or emotions;(5) "Part-time employment" means employment of less than thirty-five hours per calendar week;(6) "Permanent" means a condition that will last during the lifetime of the individual;(7) "Physical impairment" means a partial or total loss of bodily function, whether congenital or resulting from injury or disease, whether existing alone or in combination with another physical or mental impairment; and(8) "Suitable work" means either work in the individual's occupation or field or other work for which the individual is reasonably fitted, provided such work is within a reasonable distance of the individual's residence and is consistent with any medical restrictions imposed by the individual's licensed physician. In determining whether or not any work is suitable for an individual, the Administrator shall consider the degree of risk to the individual's health, safety and morals, the individual's physical and mental fitness and prior training and experience, the individual's skills, the individual's previous wage level and the individual's length of unemployment.(b) The Administrator may find an individual who limits such individual's availability to part-time employment to be eligible for benefits only if the individual: (1) provides documentation from a licensed physician that: (A) the individual has a physical or mental impairment that is chronic or is expected to be long-term or permanent in nature, and(B) the individual is unable to work full-time because of such impairment; and(2) establishes, to the satisfaction of the Administrator, that such limitation does not effectively remove such individual from the labor force.(c)(1) In determining eligibility pursuant to subsection (b) of this section, the Administrator shall require the individual applying for benefits to secure documentation from a licensed physician, on a form prescribed by the Administrator, which provides the following information: (A) whether the individual has a physical or mental impairment;(B) whether such impairment is:(ii) expected to be long-term, or(iii) permanent in nature;(C) whether, in the physician's professional opinion, such impairment will render the individual unable to work full-time hours on a continuing or long-term basis; and(D) a description of such impairment.(2) In addition, the Administrator may request that the licensed physician provide the following information: (A) a description of any restrictions on the type of work the individual is able to perform;(B) any restrictions on the number of hours per day the individual is able to work; and(C) any restrictions on the number of hours per week the individual is able to work.(3) In the absence of the information referenced in subsection (c)(2) of this section, the Administrator may consider any reliable evidence regarding any such restrictions.(d)Labor force attachment. In determining whether an individual has established that limiting such individual's availability to part-time employment has not effectively removed the individual from the labor force pursuant to subsection (b)(2) of this section, the Administrator shall consider the following:
(1) The individual's availability for suitable work(A) The Administrator may find that an individual's limitation on availability to part-time employment does not effectively remove the individual from the labor force, provided the individual:(i) is available for suitable work, as defined in subsection (a)(8) of this section, during the hours that the individual is medically permitted to work; and(ii) satisfies the applicable requirements of sections 31-235-6 and 31-235-8 to 31-235-20, inclusive, of the Regulations of Connecticut State Agencies.(B) In determining an individual's availability for suitable work in accordance with this subdivision, the Administrator shall consider the individual's history of working part-time.(2)The individual's efforts to find work The Administrator may find that an individual whose availability is limited to part-time employment is making reasonable efforts to find work if the individual:
(A) directs the individual's work search toward suitable work, as defined in subsection (a)(8) of this section; and(B) satisfies the requirements of sections 31-235-22 and 31-235-23 of the Regulations of Connecticut State Agencies; or(C) is a registered client of an organization that provides services to individuals in need of supported employment.Conn. Agencies Regs. § 31-235-6a
Adopted effective December 7, 2007; amended 11/5/2020